A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Punishment of the crime

The defendant is the representative of H in the Jeonbuk-gu Seoul Metropolitan City, who runs food processing business using 15 full-time workers.

[2019 Highest 41]

(a) When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the foregoing place of business, worked in a production position from February 23, 2010 to December 12, 2018, and retired from the said place of business, including the amount of KRW 1,419,161, October 1, 2018.

As set forth in Nos. 1, 4, 6, and 7, 12,931,044 won in total for four retired workers was not paid within 14 days from the date of retirement without agreement between the parties concerned.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing place of business, worked in a production position from February 23, 2010 to December 12, 2018, as well as KRW 9,537,433 of the I retirement pay and retired from office.

As set forth in the table of crime Nos. 1, 4, 6, and 7, a total of 42,479,463 retirement allowances of four retired workers was not paid within 14 days from the date of retirement without agreement between the parties.

[2019 Highest 232]

(a) When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

However, in special circumstances, the date shall be extended by an agreement between the parties.